BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100019714
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge (CIB) and the Bronze Service Medal (BSM).
2. The applicant states that he was awarded the CIB and BSM while serving in Vietnam.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's record shows he was inducted into the Army of the United States on 22 January 1970. He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 20 August 1970 through 17 August 1971. Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Headquarters and Headquarters Company, 1st Brigade, 5th Infantry Division. His assigned duty is not shown and item 41 (Awards and Decorations) does not include the CIB or the BSM.
4. The applicant's official military personnel file (OMPF) is void of any orders or documents that indicate he was ever recommended for or awarded the CIB or the BSM while serving in Vietnam or at any other time during his military service.
5. On 18 August 1971, the applicant was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing 1 year, 6 months, and 27 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not include the CIB or the BSM among the awards listed.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the CIB or the BSM pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 3-14 contains guidance on award of the BSM and states, in pertinent part, that it is awarded for heroic acts, or meritorious achievement or service, of a lesser degree than required for the Silver Star. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
8. Chapter 8 of the awards regulation contains guidance on badges and tabs of U.S. origin. Paragraph 8-6 contains guidance on the CIB criteria and requires that the member was an infantryman satisfactorily performing infantry duties; that he was assigned to an infantry unit of brigade, regimental, or smaller size during
such time as the unit was engaged in active ground combat; and that he was present with his qualifying infantry unit and actively participated in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show the CIB and the BSM he was awarded while serving in the RVN.
2. There are no available general orders showing that the applicant was awarded the BSM. The applicant has not provided any documentary evidence sufficient upon which to base a correction of his records.
3. The evidence clearly shows that the applicant was awarded an infantryman MOS and he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam. However, it does not sufficiently show that he ever engaged in active ground combat with his infantry unit. Therefore, his request for award of the CIB should not be granted.
4. Should the applicant have, or be able to obtain, a copy of the orders awarding him the CIB or the BSM, or be able to provide other evidence to corroborate these awards, he may submit a request for reconsideration to this Board.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case
are insufficient as a basis for correction of the records of the individual concerned.
__________x______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100019714
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100019714
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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